Foreclosure Question? Miami Dade - Broward County

3 Replies

Just a question, If I purchase a home from Miami Dade or Broward Online Foreclosure auction and its the first or primary lien, do the other liens get dropped after I purchase the property? Or do I now owe whatever other liens there are, such as for example  association lien, or contractor lien, or other 2nd and 3rd liens.


Thanks!! 

Inferior liens get wiped out superior liens do not with the exception of condo association liens and assessments (You need to pay all of the back owed condo fees)

Superior liens are generally liens recorded before the mortgage that is foreclosing was recorded and also property taxes are superior to everything and you must pay them. 

Determining which liens are recorded before the foreclosing lien is best left to the pros.. Get a title search before bidding.

One more thing to add.. Even if a lien is inferior such as a 2nd mortgage.. If it's not properly named as a defendant in the suit and served it's not really wiped out.. You may have to re-foreclosure on the property to wipe it.


Ray

Here are some of the liens that survive the foreclosure sale: 


Government Superior Foreclosure-Liens:

IRS-under special circumstances (under 120 day redemption period from deed recording). If IRS does not exercise its redemption right within the 120 days it will automatically expire.
Department of Treasury with usc exception
State Tax Lien
Lien by USA or Dept of Justice
US Department of State
Other Federal Agencies

Frequent Superior Foreclosure-Liens:

Code Enforcement for debris removal or mowing
Demolition or Environmental Based Liens
State child support lien
Board of County Commissioners for special assessments
Utility Liens
Water/Sewer Delinquency (only in selected states)
County (and/or School/Township) for unpaid taxes
City for road improvements, maintenance

Here are some of the judgment and liens that will be wiped off from the property (not the borrower who lost the title) if the lien holders were properly notified and "had the right to bid on the property at the auction":

2nd and junior position mortgages, such as home equity loans, etc...
Credit Card Judgments recorded after the foreclosing mortgage
Personal Judgments recorded after the foreclosing mortgage
Mechanic's Liens recorded after the foreclosing mortgage
Other Judgments outside of the ones listed above